Just in Case Law
Just in Case Law
Tanya Chapman
SUCCESSION: You Lose, You Pay
1 hour 6 minutes Posted Jul 16, 2023 at 10:47 pm.
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Case: Ballam v Ferro (No 2) [2022] NSWSC 1358 10; Ballam v Ferro [2022] NSWSC 1200

One morning in 2012, Rosario Maiorana executed his final

will before a priest and a professor in Sicily. He left most of his estate to
his surviving daughters Carmelina and Daniela.

After Rosario’s death in June 2020, three of his

grandchildren launched legal proceedings against the estate. Firstly, they
claimed that the Will was executed in suspicious circumstances and that their
grandfather did not have capacity to do a Will. Secondly, they applied for provision
from Rosario’s estate.

SPOILER: They were completely unsuccessful. But then it

became an issue of who should pay the legal costs of the proceedings.

THIS IS NOT LEGAL ADVICE.